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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS

ENTERPRISE

     Introduced By: Senators Cano, Quezada, Murray, Mack, DiMario, Kallman, Lawson,
Acosta, Miller, and Britto

     Date Introduced: February 01, 2023

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 37-14.1-6 of the General Laws in Chapter 37-14.1 entitled "Minority

Business Enterprise" is hereby amended to read as follows:

     37-14.1-6. Minority business enterprise participation.

     (a) Minority business enterprises shall be included in all procurements and construction

projects under this chapter and shall be awarded a minimum of ten percent (10%) fifteen percent

(15%) of the dollar value of the entire procurement or project. Of that fifteen percent (15%),

minority business enterprises owned and controlled by a minority owner, as defined in § 37-14.1-

3, shall be awarded a minimum of seven- and one-half percent (7.5%), and minority business

enterprises owned and controlled by a woman shall also be awarded a minimum of seven- and one-

half percent (7.5%). Annually, by October 1, the department of administration shall submit a report

to the general assembly on the status of achieving the aforementioned participation requirements

in the most recent fiscal year. The director of the department of administration is further authorized

to establish by rules and regulation the certification process and formulas for giving minority

business enterprises a preference in contract and subcontract awards.

     (b) Any minority business enterprise currently certified by the U.S. Small Business

Administration as an 8(a) firm governed by 13 C.F.R. part 124 shall be deemed to be certified by

the department of administration as a minority business enterprise and shall only be required to

submit evidence of federal certification of good standing.

     (c) The provisions of chapter 14.1 of title 37 shall not be waived, including, but not limited

to, during a declared state of emergency.

     (d) The State of Rhode Island will arrange for a disparity study to evaluate the need for the

development of programs to enhance the participation in state contracts of business enterprises

owned by women and minorities, to be repeated every five (5) years, beginning in fiscal year 2025.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- MINORITY BUSINESS

ENTERPRISE

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     This act would increase the minimum required awarded to minority business enterprises to

fifteen percent (15%) and of that, require a minimum of seven- and one-half percent (7.5%) be

awarded to minority owned businesses and that a minimum of seven- and one-half percent (7.5%)

be awarded to minority one women owned businesses.

     This act would take effect upon passage.

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